HB5282 - Relating to the use of artificial intelligence to score certain portions of assessment instruments administered to public school students.

  89R14836 CMO-D     By: Hinojosa H.B. No. 5282       A BILL TO BE ENTITLED   AN ACT   relating to the use of artificial intelligence to score certain   portions of assessment instruments administered to public school   students.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 39.023, Education Code, is amended by   adding Subsections (q) and (r) to read as follows:           (q)     Except as provided by Subsection (r), the agency shall   prohibit the use of artificial intelligence, including an   artificial intelligence-based algorithm, algorithmic device,   automated scoring engine, or any scoring method that uses   artificial intelligence in part, to score a constructed response on   an assessment instrument administered under this section or an   assessment system developed under Section 39.027(e). This   subsection does not prohibit the use of a machine to score a   multiple choice response.           (r)     A scoring method otherwise prohibited by Subsection (q)   may be used to score a constructed response described by that   subsection if the scoring method:                   (1)     was trained on representative samples of   constructed responses that include the responses of students who   are:                       (A)  educationally disadvantaged;                       (B)     emergent bilingual students, as defined by   Section 29.052; or                       (C)     eligible to enroll in a school district's   special education program under Subchapter A, Chapter 29;                 (2)     demonstrates scoring validity and reliability at   levels consistent with industry-accepted standards for automated   machine or hybrid automated machine scoring methods, including   standards established by the National Assessment of Educational   Progress; and                 (3)     has been evaluated by a qualified independent   entity, unaffiliated with the agency, an advisory group of the   agency, or any entity involved in the development of the scoring   method and the entity certifies that the scoring method:                       (A)     is valid and reliable in scoring constructed   responses;                       (B)     does not demonstrate any measurable bias   against a student described by Subdivision (1); and                       (C)     meets all applicable psychometric standards   for the scoring of assessment instruments.          SECTION 2.  This Act applies beginning with the 2025-2026   school year.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.